ACLA NEWS COVERAGE
From The Morning Call -- January 21, 2005
Abortion Protesters Want City Fined
for Picket
Limits
Police ignore U.S. court order to let them rally near clinic, lawyers say.
By Elliot Grossman
and Dan Hartzell Of The Morning Call
Abortion protesters in Allentown have launched another legal attack to prevent
police from limiting their picketing, this time by asking a federal judge to
hold the city in contempt of court.
Lawyers for the eight protesters are asking U.S. District Judge James McGirr
Kelly of Philadelphia to fine top city officials $1,000 a day and consider
imprisoning them if police continue to restrict picketing. Mayor Roy Afflerbach,
Chief Joseph Blackburn, Assistant Chief Ronald Manescu and the city are the
defendants.
''Defendants are engaged in nothing short of lawless, renegade conduct in
violation of their sworn duty to uphold the law,'' lawyers for the protesters
wrote.
The protesters' lawyers allege that police have repeatedly violated Kelly's
August 2004 order to permit picketing at the Allentown Women's Center, an
east-side clinic.
In his order, Kelly created rules for the protesters and police to govern where
the abortion opponents could picket outside the center. Kelly issued that ruling
after the protesters filed a lawsuit, claiming that police had been violating
their rights to assemble, to exercise free speech and to practice their
religion.
Since that ruling, police have filed 33 citations against protesters, according
to the protesters' lawyers. Judges have cleared them in every case, except one,
the lawyers said. That case is pending.
The results in those cases show that the ''evidence of wilful misconduct is
overwhelming'' against police, the lawyers wrote in their Jan. 7 contempt
motion. Police are trying to intimidate and harass the abortion opponents,
according to lawyers Denis Brenan and Christopher Ferrara.
Brenan and Ferrara want Kelly to issue an order blocking police from charging
their clients with loitering, trespassing and other offenses. They also want an
order prohibiting police from limiting the protesters' ability to picket,
distribute leaflets, pray, walk, stand and talk to pregnant women entering the
clinic.
The city has not filed a formal reply to the contempt motion. But in an
interview, lawyer Thomas Anewalt, representing the city, said police are
frustrated and confused about how to deal with protesters because of ambiguities
in Kelly's ruling.
''The cops really don't know what to do,'' Anewalt said. ''They're just
flabbergasted.''
Kelly ruled that protesters are allowed to demonstrate on Keats Street, where
the center's entrance is, as long as they do so on the ''public walkways''
without blocking the center's entrance, its parking lot or traffic.
But the lack of sidewalks outside the main entrance has complicated the matter.
Police do not know where the ''public walkways'' are, if they exist at all,
Anewalt said. For safety and to keep traffic moving, police say, they don't want
protesters in the street.
According to Anewalt, officers have merely urged protesters to keep moving so
they don't block the clinic entrance or the street and to refrain from actions
that infringe on the rights of the clinic staff and patients — actions that
could constitute harassment.
Officers are trying to fulfill their obligation to protect the safety of people
on both sides of the abortion debate, regardless of their personal feelings,
Anewalt said. ''They're really caught in the middle here,'' he said.
But the protesters claim that police have violated Kelly's order by requiring
them to keep moving, to stay on one side of Keats Street, to walk back and forth
continuously on Keats Street or to walk around the entire block.
The police are in ''open defiance'' of Kelly's order, according to the contempt
motion. ''They are literally daring this court to stop their antics.''
Protester Kathleen Teay is one of several protesters who filed a written
statement for the court, explaining how she believes the police actions are
hampering her protest efforts.
''In particular,'' she wrote, ''I cannot distribute literature, speak to
expectant mothers or show them what babies in the womb look like if I am forced
to 'keep moving,' walk around the block and, as of Dec. 16, stay off Keats
Street altogether.''
Teay wrote that, in early December, a pregnant women changed her mind about
having an abortion after she talked to Teay. ''A 'save' like this will not be
possible under the threats and restrictions defendants keep trying to impose on
our First Amendment rights.''
Meanwhile, the protesters have another request pending in federal court to get
the police to give them more freedom to picket. In November, they asked Kelly to
issue an order — an injunction — declaring that police have violated his August
ruling.
Kelly had not ruled on that request before that case was transferred to U.S.
District Judge James Knoll Gardner in Allentown. Gardner has referred the case
to U.S. Magistrate Arnold Rapoport to try to settle it.
grossman@mcall.com
610-820-6168